Section 880-X-5A-.02 - Jurisdiction Of DHA (Alabama Administrative Code)

§ 880-X-5A-.02. Jurisdiction Of DHA

(1) The jurisdiction of DHA as set forth in Section 8 of the Act includes the authority to exercise appellate review under the Act pertaining to --

(a) Formal requests and subsequent appeals for review of decisions by the Regulatory Authority regarding determinations concerning permits for surface coal mining operation pursuant to Section 20 of the Act.

(b) Appeals for review of assessments of civil penalties issued by the Regulatory Authority pursuant to Section 26 of the Act.

(c) Appeals for review of notices of violation and orders of cessation or modifications, vacations, or terminations thereof pursuant to Section 25 of the Act.

(d) Proceedings for suspension or revocation of permits or a demonstrated pattern of willful violations pursuant to Section 25 of the Act.

(e) Applications for temporary relief under any appropriate Section of the Act.

(f) Demands for hearings for review of proposed leases under Section 33 of the Act.

(g) Requests for hearings on bond release when written objections are filed pursuant to Section 21.

(h) All other appeals and review procedures permitted under the Act.

(i) Hearings relating to any aspect or matter in the administration or enforcement of surface coal mining and reclamation activities which occurred under the Alabama Surface Mining Act of 1969 and the Alabama Surface Mining Reclamation Act of 1975.

(2) In performing its functions under Paragraph (1) of this Rule, the DHA is authorized to --

(a) Order hearings; and

(b) Issue orders to secure the just and prompt determination of all proceedings.

Author:

Statutory Authority: Code of Ala. 1975 §§ 9-16-71, 72, 73, 74, 75, 77, 78, 79, 88, 89, 93, 94, 96.

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